Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

NEWMAN INDUSTRIES, LTD. v. INDO-BRITISH INDUSTRIES, LTD. (GOVINDRAM BROTHERS, LTD., THIRD PARTIES).

[1956] 2 Lloyd's Rep. 219

QUEEN'S BENCH DIVISION.

Before Mr. Justice Sellers.

Sale of goods (f.o.b.)-Consensus ad idem-Sale of second-hand generator-Resale by buyers to Indian company-Disputed terms of sale and resale-Introduction of new term by Indian company-"Guarantee for satisfactory performance"-Whether buyers agents for Indian company-Passing of property on shipment-Liability of buyers to sellers and of Indian company to buyers-Method of payment by draft drawn on bank issuing letter of credit-Whether buyers released from direct liability for payment-Claim for price - Sale of Goods Act, 1893, Sects. 19 (2), 32 (1), 39 (1), 48 (3), 49 (1).

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